Share Application Money

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

19 August 2010 Suppose a Pvt. Ltd Company have a Authorised Capital of Rs. 5 Lakh and Paid up Capital of Rs.1 Lakh, Can that Company Receive Share application of Rs.1 crores only from one Subscriber

Ankur Garg

Ankur Garg (Expert)
Follow

19 August 2010 Hi,

Yes it is possible.

As per my opinion receipt of share application money over and above of Authorised capital is not a default at all. Reason being share application money is not in the nature of paid up capital unless and until allotment of share against the share application money.

In other words only after allotment of share you can consider such share application money as paid up share capital. But before passing allotment resolution you have to increase your Authorised capital.

Making application to the company for allotment is just an offer pending acceptance from the company. Without acceptance the same would not be a binding contract for the company. Refer Indian Contract Act, 1872. Company reserves the right to reject the application and refund the share application money with or without interest as per the terms of acceptance of share application money.

Best Regards

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now